Welcome to UP2D8.
- Description of the Service
With UP2D8 we offer a free no-nonsense mobile communication platform for any kind of organisation. Organisations can update and inform their members on calendar events, news flashes, photo messages,…
By clicking the “I agree” button you acknowledge and agree that your use of the Service is exclusively governed by this Agreement.
- Use of the Service
To use all features of our Service, your mobile device requires a WIFI or mobile internet connection. The access to such WIFI or mobile internet connection is your sole responsibility.UP2D8 will not be liable for any loss or damage arising from your failure to comply with the above requirements.
During the Term, UP2D8 may, in its sole discretion, provide you with updates of the Service. For the avoidance of doubt, UP2D8 is not obligated to provide any updates to the Service.
- License – restrictions
License by the Company – During the term of this Agreement the Company grants you a non-exclusive, personal, restricted, non-sublicensable and non-transferable license to use the Service in accordance with this Agreement (“License”). You are not allowed to use the Service for any commercial purposes or to use the Service or a component of the foregoing in a manner not authorised by the Company. You shall use the Service solely in full compliance with (i) this Agreement; (ii) any additional instructions or policies issued by the Company (iii) any applicable legislation, rules or regulations.
Restrictions – You agree to use the Service only for their intended use as set forth in this Agreement. Within the limits of the applicable law, you are not permitted to (i) make the Service available or to sell or rent the Service to any third parties; (ii) adapt, alter, translate or modify in any manner the Service; (iii) sublicense, lease, rent, loan, distribute, or otherwise transfer the Service to any third party; (iv) decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (v) use or copy the Service except as expressly allowed under this Article 6.
Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Service or any part thereof, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the Service.
- Term and Termination
Effects of termination – Upon the termination of this Agreement for any reason whatsoever in accordance with the provisions of this Agreement, at the moment of effective termination: (i) you will no longer be authorized to access or use the Service; (ii) the Company may delete data associated with your Account, including but not limited to User Content (iii) all rights and obligations of the Company or User under this Agreement shall terminate, except those rights and obligations under those sections specifically designated in 9 (Propriety Rights), 10 (User Content), 11 (Liability), 12 (Warranties and Disclaimers) and 13 (Jurisdiction & Applicable law).
- Account security
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at firstname.lastname@example.org and ensure that you log out from your account at the end of each session.
- Your Interactions with other users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT ANY BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
The Company is not responsible for the conduct of any user. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
- Proprietary Rights
The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
- User Content
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available on the Service or transmit to other users, including text messages, chat, videos, photographs, or profile text, whether publicly posted or privately transmitted (collectively, “User Content”) and will comply with the warranties concerning User Content set forth in Article 13.
You agree and acknowledge that UP2D8 is not obligated to back up any User Content.
11.1 To the maximum extent permitted under applicable law, UP2D8 liability arising out of or in connection with the Service under this Agreement whether in contract, warranty, tort or otherwise, shall not exceed the amount of € 1.000 per cause of damages. Nothing in this Agreement shall limit or exclude UP2D8 liability for (i) gross negligence; (ii) willful misconduct, (iii) fraud or personal injury.
11.2 To the extent legally permitted under applicable law, UP2D8 shall not be liable to the User or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production, or procurement of substitute services, or property damage arising out of or in connection with the Service, including but not limited to the use, misuse, or inability to use the Service, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if UP2D8 has been notified of the likelihood of such damages.
11.3 You agree that UP2D8 can only be held liable as per the terms of this Article to the extent damages suffered by you are directly attributable to UP2D8. For the avoidance of doubt, UP2D8 shall not be liable for any claims resulting from (i) your unauthorized use of the Service, (ii) your or any third party’s modification of (any parts) of the Service, (iii) your failure to use the most recent version of the Service made available to you or your failure to integrate or install any corrections to the Service issued by UP2D8, or (iv) your use of the Service in combination with any non-UP2D8 products or services.
11.4 You acknowledge and agree that neither UP2D8 nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any User Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
11.5 The exclusions and limitations of liability under this article shall operate to the benefit of UP2D8 affiliates and subcontractors to the same extent such provisions operate to the benefit of UP2D8.
- Warranties and disclaimers
By UP2D8 – TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (i) THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, (ii) THE INFORMATION AVAILABLE ON OR TRANSMITTED BY THE SERVICE IS TRUE, COMPLETE OR ACCURATE.
By User – You represent and warrant that any User Content (including information submitted from your Social Media account), (i) is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below, (iii) shall not infringe or violates rights of third parties (including intellectual property rights, trade secrets and rights of privacy and publicity), (iv) involves the transmission of junk mail, chain letters or unsolicited mass mailing or spamming, (v) contain any viruses, worms or other malicious computer programming codes intended to damage UP2D8’s system or data. You may not post User Content that is false or misleading, offensive, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, pornographic, defamatory, promotes illegal activities or in any other way unlawful. You agree that any use of the Service contrary to or in violation of the representations and warranties of the User constitutes unauthorized and improper use of the Service.
- Jurisdiction and applicable law
Any and all disputes, claims and causes of action arising out of or connected with the Service shall be resolved individually, without resort to any form of class action, and exclusively by the competent courts of Ghent, Belgium.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Users (or former users) and the Service, shall be governed by, and construed in accordance with, the laws of Belgium without giving effect to any choice of law or conflict of law rules.
14.1 Force Majeure – The Company shall not be liable for any failure or delay in the performance of its obligations with regard to the Service if such delay or failure is due to causes beyond our control including but not limited to war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to the Company’s information technology systems by third parties or any other cause beyond the reasonable control of the Company (the “Force Majeure Event”). We shall notify you of the nature of such Force Majeure Event and the effect on our ability to perform our obligations under this Agreement and how we plan to mitigate the effect of such Force Majeure Event.
14.3 Severability – If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
14.4 Waiver – Any failure to enforce any provision of the Agreement shall not constitute a waiver thereof or of any other provision.
14.6 Assignment – You may not assign or transfer this Agreement or any rights or obligations to any third party. The Company shall be free to (i) transfer or assign (part of) its obligations or rights under the Agreement to one of its affiliates or a third party (such as an investor) and (ii) to subcontract performance or the support of the performance of this Agreement to its affiliates, to individual contractors and to third party service providers without prior notification to the User.
14.7 Notices – All notices from the Company et intended for receipt by you shall be deemed delivered and effective when sent to the email address provided by you on your account. If you change this email address, you must update your email address on your personal settings page.